REGULAR COUNCIL MEETING
The Regular Meeting of Council was held on June 22, 1987 at 7:30 p.m. with Mayor Carroll presiding. Members present were Councilmen Daisey, Legates, Lynn, Christiansen, Levitt, Weyandt and VanSant. Mr. Richter was absent.
The invocation was given by the Reverend J. H. Williams, Council Chaplain.
AGENDA ADDITIONS/DELETIONS
Mayor Carroll requested the following agenda additions under correspondence:
1. A letter from Pete Brockstedt, Charles Grimes, and Hanley Sanders concerning the waiver of requirements for curbs and sidewalks for Fox Hall Plantation Company.
2. J. Richard Mills - Power Boats on Silver Lake.
3. Diamond State Telephone Company - Request for Easement.
4. Capital City Lodge - Discount on Property Tax Bill.
5. Jet Skis on Silver Lake - 12 City Residents.
6. Larry E. Sussman - Williams Park.
Mr. VanSant requested the addition of an agenda item to discuss his request for a legal opinion on the Mayor's veto letter of June 9, 1987.
Mr. VanSant moved for approval of the agenda as amended, seconded by Mr. Weyandt and unanimously carried.
LEGAL OPINION - MAYOR CARROLL'S VETO LETTER OF JUNE 9, 1987
Mr. VanSant requested that the City Solicitor respond to his memorandum concerning the Mayor's veto letter of June 9, 1987 relative to adding a 15 minute public forum at the end of regular Council sessions for public input.
Mr. VanSant questioned if the motion instigating the forum was an order, resolution or ordinance.
Mr. Rodriguez stated that Section 10 of the City Charter requires that no ordinance, resolution or order shall be valid unless it shall have: 1) the affirmative vote of the majority of the members elected to the Council, and 2) the written approval of the Mayor. In the absence of such approval by the Mayor, the Council may pass or adopt the same ordinance by an affirmative vote of 3/4 of the members elected to Council. The Charter calls for the Mayor to signify his approval or disapproval of the adoption of any ordinance, resolution or order within seven (7) days after adoption. It is then the responsibility of the Clerk of Council to notify council members of such approval or disapproval. All requirements of the Charter were carried out in Mayor Carroll's veto concerning the addition of a 15 minute public forum at the end of regular Council meetings.
It was Mr. Rodriguez's opinion that the original motion to instigate the public forum was not an order. If the motion was intended as a normal routine business motion, then it would not be considered an ordinance, resolution or order and would not require the approval or disapproval of the Mayor.
It was Mr. VanSant's feeling that an ordinance is something that is adopted of a lasting nature. Since the motion was for instigation of the public forum on a trial basis only, it was his opinion that it was clearly not an ordinance. If the motion was not a resolution or an order, Mr. VanSant questioned if there were provisions in the Charter for the power of veto by the Mayor.
There was much discussion relative to the original motion being an order versus a simple motion. In an attempt to clarify the issue, Mr. Christiansen requested that the City Clerk read that portion of the minutes of June 8, 1987 entitled "Citizen Input at Council Meetings - Councilmen Levitt, Lynn and Christiansen".
The City Clerk read into the record page 37 of the June 8, 1987 Council minutes entitled "Citizen Input at Council Meetings - Councilmen Levitt, Lynn and Christiansen".
As the maker of the motion, Mr. Levitt stated that it was his intent that the change be accomplished by simple motion. He did not want to give it the authority of an ordinance since it was highly tentative, and was only to be attempted on a trial basis. If the forum proved to be successful, then Mr. Levitt felt that more permanent action could be taken by Council.
Mayor Carroll reiterated his feeling that the public should have the opportunity to express their feelings and concerns but felt that ample opportunity is already given through correspondence, committee meetings, and quarterly open town meetings. He stated that the City of Dover is responsible for a budget of approximately $50,000,000, requiring many complex and difficult decisions to be made during the course of a meeting. Members of Council are charged by the Charter to conduct Council meetings in an orderly and official manner. It was his feeling that Council meetings should be restricted to a formal agenda and conducted in a formal manner. Mayor Carroll stated that the Mayor and every member of Council is an elected official and is available to the public at all times.
Mr. VanSant again questioned the intent of the motion, feeling that the motion was in fact an order to the City Clerk to set aside 15 minutes on the Council agenda to afford public input.
Questioned by Mr. Daisey and Mr. Weyandt, Mr. Rodriguez stated that if the nature of Mr. Levitt's proposal was made in the form of a simple motion, then the Charter has no provisions for veto by the Mayor. Mr. Rodriguez further stated that it was his feeling that the action taken was done so by a simple motion and he recommended that if the proposal was deemed successful by Council and if they wish to make it a permanent part of their proceedings, then an ordinance should be adopted thereby becoming a part of the City Code.
Mayor Carroll stated that he felt an obligation to the public to express his opinion and his only means of doing so was through the power of veto. Mayor Carroll noted, however, that he would abide by the City Solicitor's opinion at this time. He expressed his respect for the opinion of every member of Council and requested that they, In return, respect his opinion.
It was determined that since the motion was not an order, ordinance or resolution, the action taken during the June 8. 1987 Council meeting concerning the approval of a 15 minute segment at the end of Council meetings to afford citizen input, for a trial basis during the months of July, August and September, will remain as approved.
Mrs. Legates felt that the 15 minute open forum should be set aside from the formal Council proceedings, suggesting that the formal meeting be adjourned prior to entering into the open forum.
Mr. VanSant alluded to statements by the press concerning the Mayor's position of public input at meetings. He felt that it should be made very clear that the Mayor is not attempting to avoid the voice of the public but rather is attempting to keep formal meetings in their proper perspective.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 8, 1987
By motion of Mr. Weyandt, seconded by Mr. VanSant, the Regular Council Meeting Minutes of June 8, 1987 were unanimously approved and bore the written approval of Mayor Carroll.
MONTHLY REPORTS - MAY 1987
By motion of Mr. Weyandt, seconded by Mr. Christiansen, Council unanimously adopted the following monthly reports for May:
Chief of Police Report
Building Inspector and Fire Marshal Report
City Alderman Report
City Manager Report
J.P. Court #7 Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Internal Service Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Parking Fund, Cash Receipts & Budget Report
General, Water/Sewer, Electric Revenue - Receipts & Disbursements Report
UTILITY COMMITTEE REPORT
The Utility Committee met on June 10, 1987 with Chairman Richter presiding. In the absence of Chairman Richter, the Utility Committee report was presented by Councilman Levitt.
Annexation Request - Delmarva Broadcasting - White Oak Road
The Utility Committee considered a request from Mr. George Chabbott, representing Delmarva Broadcasting, to annex 5.4 acres of land on the north side of White Oak Road. Mr. Chabbott informed the Committee that the County has refused to allow any sewage installations other than a connection into the City's sewage due to the results of a perk test.
The City Manager informed the Committee that water and sewer is available to the land which is contiguous only to White Oak Road. Since the annexation request was received so recently, no survey of other property owners in the area who may be interested in annexation has been conducted.
It was the recommendation of the Committee that City staff have adequate time to poll property owners of the area to determine their interest in annexation. The matter could be brought before the Council meeting of July 13, 1987 to set the date of the referendum and establish the boundaries of the annexation.
Traffic Flow and Trash Collection - Loockerman Street - William Dyer
The Committee considered a letter from Mr. William Dyer who pointed out a traffic flow problem on Loockerman Street during trash collection in the downtown area which delays and interferes with traffic movement. Staff informed the Committee that various collection practices have been tried on Loockerman Street and the one that has produced the best results is the 9:00 a.m. pick-up presently being utilized. This allows the merchants to put out the trash around their opening time and remove the containers prior to the 10:00 a.m. cut-off as provided in the City Ordinance. In addition, trash may not be put on the curb on the day of collection prior to 6:00 a.m.
The Public Works Director pointed out that merchants are not abiding by ordinance requirements for separation of trash and proper containers, which results in slowing down the process of pick-up.
It was the recommendation of the Committee that the Public Works Director devise a letter to be mailed to all downtown merchants outlining the proper method of placing trash on the curb in accordance with City ordinances and request a return statement of any objections that they may have. It was further suggested by the Committee that the City Clerk's Office correspond with Mr. William Dyer advising him of the City's planned action on his complaint.
Vondaway Drive - Progress Report
The City Manager informed the Committee that all property owners on Vondaway Drive have signed a petition agreeing to deed the necessary land to the City for improvements to the roadway. He submitted a schedule for alignment of the sanitary sewer easements/property acquisition, design and bids, with construction, beginning on September 1, 1987 and construction completion set for September 1, 1988. Property owners will be required to sign the prepared deeds based on a survey of the property to be transferred to the City of Dover for the street. The sewer line to be installed on Vondaway Drive will be connected to the Acorn Lane pumping station. Street surfacing, street lighting and storm drainage will also be installed. Once the deed is signed by each property owner, the City can then initiate the process of assessment for improvements.
Bid - Curb Replacement
In conjunction with the 1987-92 Capital Improvements Plan, the City has proposed replacement of deteriorated curbs and gutters on certain streets.
Art Concrete, Inc. submitted a low bid to replace the curb and gutters in the amount of $91,938.60.
It was the recommendation of the Committee that the bid be awarded to Art Concrete, Inc. in the amount of $91,938.60.
Mr. Levitt moved to accept the recommendation of the Committee, seconded by Mr. VanSant and carried by unanimous roll call vote (Mr. Richter absent).
Bid - Street Resurfacing
In conjunction with the street improvements under the 1987-92 Capital Improvement Plan, George and Lynch, Inc., the only bidder, submitted a bid of $431,314,
The City Manager informed the Committee that total funds available for the street and curb repairs is $467,490. By eliminating the miscellaneous extra curb to be repaired on Edgehill Avenue, he stated that the project could be completed within the budget. Mr. Bartolotta stated that Edgehill Avenue was rated in the best condition for streets to be repaired in this year's program. City staff projects there will be a surplus in street repair funds in the amount of approximately $80,000 from the Constitution Place Project. If this should prove to be true, then all repairs on this year's program will be completed, however, this remains an unknown factor until bids are opened for the Constitution Place Project.
Committee members expressed some dissatisfaction in eliminating street repairs and miscellaneous curbs on Edgehill Avenue and suggested that available funds to repair Edgehill Avenue and miscellaneous curbs be further discussed at the next Committee meeting.
It was the recommendation of the Committee that the bid for street resurfacing be awarded to George and Lynch, Inc. in the amount of $431,314.
Mr. VanSant moved for the recommendation of the Committee, seconded by Mr. Weyandt and carried by unanimous roll call vote (Mr. Richter absent).
Bid - Refuse Truck - Mechanized Refuse Collection Pilot Program
Following postponement of conversion of a fully automated collection system, the City advertised for bids on a rear-loading refuse vehicle with a hydraulic container attachment with M & L GMC Truck of Federalsburg, Maryland submitting a low bid of $54,046.78.
Mr. Bartolotta advised the Committee that there is $57,000 available in the budget for a new refuse truck. However, it was his suggestion that the City not purchase a rear-end loader vehicle if there is any chance that the City will convert to an automated trash collection system.
Responding to some skepticism on the part of citizens that an automated trash collection system would not work in the City of Dover, the City Manager suggested a pilot program. Staff has negotiated with an automated trash collection firm which would allow the City to rent automated equipment for four (4) months. The City would purchase 500 containers, placing them on various streets throughout the City. At the conclusion of the third month, the City would survey citizens to obtain their remarks on the success of the system. If this survey shows support for the system, then staff will report back to Council with a recommendation to purchase the rented vehicle. If the system does not work then the equipment and containers would be given back to the company and the company would buy the containers at approximately 2/3 of the cost.
It was the recommendation of the Committee that a pilot program for mechanized refuse collection be initiated as outlined by the City Manager. It was noted that the City Manager would reject all bids on the rear loader refuse collection vehicle.
Mr. Levitt moved for approval of the Committee recommendation, instigating a pilot program for automated trash collection for a period of four (4) months as outlined in the recommendation of the City Manager and the Utility Committee. The motion was seconded by Mr. Weyandt and carried by a unanimous roll call vote (Mr. Richter absent).
Bid - Annual Boiler Maintenance
Each year the City solicits bids for performing supplemental boiler maintenance during the annual shut downs. Bids were received from Potts Welding and Boiler Repair Company and Riggs Distler on a unit price basis. The nature of the work is variable and is not the type of work that can be bid on a fixed price competitive basis.
The City budgets approximately $100,000 per year for annual boiler maintenance. It was noted that Potts Welding has performed the City's boiler work for the last 19 years with excellent results.
It was the recommendation of the Committee that the bid be awarded to Potts Welding and Boiler Repair Company based on the following unit prices:
Boilermaker & Foreman $30.50 per hour Boilermaker $28.50 per hour
Responding to a question that was brought up at the Committee level, Mr. Worley reported that there was no increase in the proposal from Potts Welding and Boiler Repair Company over last year's costs. There was a 50 cent per hour increase of 1985 costs.
Mr. Levitt moved for the recommendation of the Committee to award the bid to Potts Welding and Boiler Repair Company in the amount of $30.50 per hour for boilermaker and foreman and $28.50 per. hour for boilermaker. The motion was seconded by Mr. Weyandt and carried by unanimous roll call vote (Mr. Richter absent).
Bid - Fuel Oil - McKee Run
The City's annual fuel oil contract runs from July Ist to June 30th. Bids were advertised and proposals were mailed to over 45 fuel oil suppliers with six (6) suppliers responding. Due to the technical nature of the analysis of the fuel oil specifications the firm of Stone and Webster was obtained to provide the City with the recommended supplier.
Based on the recommendation from Stone and Webster, the City Manager recommended that the supply of #6 fuel oil for 1987/88 be awarded to Amerada Hess Corporation. It was pointed out that the price from Hess is 1.2% higher than the price from Swann; however, the expected quality of the oil is better than that of Swann. Hess oil is 20% lower in vanadium and 50% lower in sodium. They also guarantee 2.6% sulfur as compared to Swann's guarantee of 3.0% sulfur. Sulfur is a major consideration of oil quality and the lower sulfur level would have an impact on the operation of the power plant.
Based on the recommendation of Stone and Webster and the City Manager, the Committee recommended that the fuel oil bid of Amerada Hess be approved.
Mr. Levitt moved to accept the recommendation of the Committee to award the bid to Amerada Hess. The motion was seconded by Mr. VanSant and carried by unanimous roll call vote (Mr. Richter absent).
Fuel Adjustment - Quarterly Report
It is the practice of the City to review fuel adjustment projections on a quarterly basis and to modify the fuel adjustment in December on an average basis for the next calendar year. The original projections by staff had fuel cost at 35 cents a gallon through June 1987, 40 cents in July 1987, 45 cents in January 1988 and 50 cents in July 1988. The current price for fuel is a little over 45 cents a gallon, increasing much faster than anticipated. This price is expected to level off and remain stable for the next 12 months.
Staff had originally hoped that the current fuel adjustment could run until July 1988; however, with the current trend, it appears that the fuel fund will zero out in February 1988. The Committee recommended no action at this time but noted that it may be necessary to adjust the fuel adjustment by January 1988.
Power 2000 Planning Project
The City Manager recommended a series of four (4) workshops over the next eight (8) months which would be conducted by the City Manager's Office and the Electric Utility staff. The workshops will be full Utility Committee Council Member workshops in which some of the details of the City's present power generation system and alternatives for the future could be discussed following the workshops. Staff proposed that the City engage services of a consultant to look at all alternatives which would place Council in the position to make decisions for the short-term, medium-term and long-term power generation proposals.
The Committee recommended that the workshops be held during the regular Utility Committee meetings of August 12, 1987, October 14, 1987, December 16, 1987 and February 10, 1988.
It was also suggested that the August 12, 1987 Utility Committee meeting be held at the power plant site.
Capital Improvement Plan
The Utility Committee recommended approval of the Capital Improvement Plan that incorporates various changes that were made by the Committees.
By motion of Mr. Levitt, seconded by Mr. Weyandt, Council adopted the following Capital Improvement Plan by unanimous roll call vote (Mr. Richter absent):
1987/88
Recreation $ 18,760
General Government 44,000
Storm Sewers 100,000
Streets 550,490
Water Supply 1,156,500
Water Distribution 971,000
Sanitary Sewer 227,000
Electric Transmission - - -
Electric Substation 535,000
Electric Distribution 375,000
Electric Production 1,300,000
TOTAL $5,277,750
The Capital Improvement Plan is on file in the Office of the City Clerk and the City Treasurer.
Storer Cable TV - Discussion
The City Manager informed the Committee that Solicitor Rodriguez has corresponded with Storer Cable reiterating his opinion that the Home Shopping Network's gross income should be included in the franchise fees to the City of Dover. If the Home Shopping Network's income is not included in the fees paid to the City in July, the City Manager will report back to the Committee.
In answer to a question submitted by Council concerning the C-SPAN Channel no longer being available on basic cable. the Committee discovered that C-SPAN is one of several channels incorporated on the tier cable. For sometime Storer Cable left some channels unscrambled; however. all but one channel is unscrambled, making it unavailable to basic service.
The Committee authorized Mr. Levitt and the City Manager to hold a meeting with Storer Cable for the purpose of discussing available channels on the basic service and the question of the Home Shopping Network's gross income being included in the City of Dover franchise fees.
Mr. Levitt reported that since the Utility Committee meeting. he and the City Manager met with representatives of Storer Cable Television where both of the above items were discussed at length. All available Information will be reported back to the next Utility Committee meeting.
Mayor Carroll offered his opinion that not only does he feel the City of Dover is entitled to the five percent (5%) franchise fees derived from the Home Shopping Network income, but also should be entitled to a franchise fee derived from tier fees. Mr. Levitt assured Council that this matter would be further discussed during the next Committee meeting.
Unit #3 Generator Rotor Rewind
Considerable research has been conducted by City staff to determine if it is feasible to obtain bids for the rewind of unit #3 generator rotor. It was determined that many utilities do not rely solely upon the original equipment and manufacturer (General Electric Company) to perform this repair. There is the question as to whether the machine can be rewound and simultaneously solve the technical design problem that exists. Bids for the rewind of the generator rotor will be put out during the week of June 7, with the bid being due during the month of July.
General Electric has refused to accept any responsibility concerning their potential liability and has also refused to furnish the specifications on the rewind for the benefit of bidders.
It was the recommendation of the Committee that a letter be sent to General Electric, composed by the City Solicitor, stating that the Company should accept responsibility for the technical design problems or at least provide the City with winding measurements, stipulating that a copy of the letter be Mailed to the FTC.
Mr. Levitt moved to approve the recommendation of the Committee authorizing the City Solicitor to compose a letter to General Electric Company requesting that they accept responsibility for the technical design problem and that they provide the City with winding measurements. It was stipulated that a copy of the letter be mailed to the FTC. The motion was seconded by Mr. Christiansen and unanimously carried.
Mr. Weyandt moved to accept the Utility Committee report as submitted, seconded by Mr. Christiansen and unanimously carried.
APPOINTMENT - LIBRARY COMMISSION - JOHN B. HINDMAN
Mayor Carroll presented the name of John B. Hindman for re-appointment to the Dover Library Commission for a five (5) year term, ending June 16, 1992. Mr. Christiansen moved for approval of the appointment, seconded by Mr. VanSant and unanimously carried.
APPOINTMENT - CITY CLERKS ASSISTANT TREASURER ALDERMAN
Recognizing official notification from City Clerk, William H. Willis, of his intent to retire, Councilman Christiansen moved for the appointment of Debrah J. Bittner as City Clerk/Assistant Treasurer/Alderman, effective August 1, 1987. The motion was seconded by Mr. Lynn and unanimously carried.
APPOINTMENT - ASSISTANT CITY CLERKS ASSISTANT TREASURER/DEPUTY ALDERMAN
Mr. VanSant moved for the appointment of Janice C. Green as Assistant City Clerk/Assistant Treasurer/Deputy Alderman, effective August 1, 1987. The motion was seconded by Mr. Christiansen and unanimously carried.
JOSEPH McDANIEL, III - REQUEST TO BUILD DOCK - SILVER LAKE
During the regular Council meeting of June 8, 1987, City Council referred a letter from Mr. Joseph McDaniel, requesting permission to build a dock in Silver Lake to the Parks and Recreation Committee, Planning Commission and the Silver Lake Commission.
Since the Parks and Recreation Committee did not hold a formal meeting during the month of June, the matter was brought back before Council. Staff informed Council that this type of request has been made in previous years with the City stipulating that the dock extend no further than 10 feet into Silver Lake. Upon studying the plans attached to Mr. McDaniel's letter of request, it was noted that the dock would extend more than 10 feet into the water.
Director of Community Services, Mr. Don Knox, contacted Mr. McDaniel who agreed to submit a new set of plans following the City's 10 foot requirement.
Since the new plans meet the City's standards and requirements, it was the recommendation of the City Manager that the request by Mr. McDaniel build the dock In Silver Lake, extending 10 feet into the water, be approved.
Mr. Weyandt moved to approve the recommendation of Mr. Joseph McDaniel to construct a dock in Silver Lake in accordance with submitted plans, stipulating that the dock will extend no further than 10 feet into the water. The motion was seconded by Mr. Christiansen.
Mr. VanSant objected to any changes being made in or around the lake until such time that final recommendations concerning improvements to Silver Lake have been made by all concerned, and he further suggested a moratorium on any docks or construction of any nature in or around the lake until studies on the lake clean up are conclusive.
On a call for the question by Mr. Christiansen. the motion to approve the request for a dock by Mr. Joseph McDaniel was approved, by a roll call vote of six (6) yes, one (1) no (Mr. VanSant), (Mr. Richter absent).
CORRESPONDENCE
Fox Hall Plantation Company - Waiver of Requirement for Curbs and Sidewalks/Letter from Pete Brockstedt, Charles Grimes, and Hanley Sanders
Fox Hall Plantation Company submitted a conceptual plan to the Planning Commission for a 21 lot residential sub-division and an 18 acre site on the Kenton Road and are now requesting that City Council waive the usual requirements for curbs and sidewalks. They would like to build the development with the required 38 foot streets on the 60 foot right of way, but use sodded grass swales on each side of the paved roadway. It is their wish to preserve a rural country like atmosphere in order to be as compatible as possible with the surrounding area.
A letter was also received from Hanley Sanders, Peter Brockstedt, and Charles Grimes in support of the request by Fox Hall Plantation Company feeling that the request is not a question of economics but rather an attempt to maintain the rural character of the neighborhood and an effort to create a unique site design respecting the natural environment of the site.
Responding to a question by Mr. Weyandt, Mr. Roe stated that the conceptual plan has been before the City Planning Commission; however, the Planning Commission does not have the authority to waive requirements for streets, curbs, sidewalks, etc.
Mr. Weyandt moved to refer both letters to the Utility Committee for review, seconded by Mr. VanSant and unanimously carried.
Maria E. Phillips - Loss of C-SPAN Channel on Basic Service
Maria E. Phillips of Lake Club Apartments wrote to Council addressing the loss of C-SPAN Channel in basic service with Storer television and requested that Council continue to pursue the loss of this channel and offered her support in attempting to return it to basic service.
Mr. Christiansen moved for referral to the Utility Committee, seconded by Mr. Levitt and unanimously carried.
Department of Administrative Services - Permission to Use Legislative Mall, 4th of July Celebration - With Stipulations
A letter was received from Mr. George P. Donnelly, Director of Division of Facilities Management of the State of Delaware, granting permission for the 4th of July festivities to be held on Legislative Mall, subject to the following terms:
1. The use of Legislative Mall and the area surrounding Legislative Hall is approved. State vehicles will be cleared from the surrounding parking lots.
2. The Legislative Hall lobby will be available at 5:00 p.m. for participants to assemble.
3. Electrical power will be available from the exterior outlets at Legislative Hall.
4. Barricades are approved subject to security requirements.
5. Parking in the Hall of Records lot will be reserved.
6. Flags at Legislative Hall will be flown.
7. Capitol Police will be on duty to assist.
8. Snow fence to protect the area for the fireworks will be provided.
Mr. Donnelly further stated that it should be clearly understood that the State of Delaware shall not be liable for any damage or injury to any person or property occurring on the State's premises and that the City of Dover and Chamber of Commerce agree to hold harmless the State of Delaware for any claim for damages, no matter how caused.
Mr. Lynn moved for acknowledgement of the letter and referral to the proper authorities involved In carrying out the directives. The motion was seconded by Mr. Christiansen and unanimously carried.
Orville C. Myers - Appreciation for Dedication of Park
A letter was received from Mr. Orville Myers thanking Mayor and Council for the recognition bestowed upon him with the dedication of the new "Orville Myers Park". Mr. Myers thanked everyone for taking the time out of their busy schedules to attend the ceremony.
Mr. VanSant moved to acknowledge receipt of the letter, seconded by Mr. Christiansen and unanimously carried.
Gilbert and Carol Neild - Failure to Receive Tax Credit Due to Postal PickUp/Capital City Lodge - Property Tax Discount
Attorney Craig T. Eliassen, on behalf of his clients Gilbert and Carol Neild of 20 Liberty Drive, explained that his clients deposited their property tax payment in a mailbox on May 30, 1987. Apparently the mail was not picked up that day by the postal service, resulting in the payment being postmarked on June 2, 1987, which was after the deadline for a five percent (5%) credit for early payment. It was Mr. Eliassen's feeling that payment was made prior to the deadline and requested that Council allow the discount for Mr. and Mrs. Neild.
A letter was also received from Capital City Lodge taking exception to the denial of the five percent (5%) discount on property taxes stating that their bill was postmarked April 28, 1987. However, they did not receive the bill until the first week in June, leaving insufficient time to pay the it prior to the deadline for discounts.
Mr. VanSant moved for referral of both letters to the Legislative and Finance Committee as well as any future problems of this nature. It was stipulated that the City Assessor should contact postal authorities in an attempt to discover why these incidents took place. The motion was seconded by Mr. Christiansen and unanimously carried.
Concerned Citizens - Woodlands/Fox Hall - Crime Watch Signs
Concerned residents of the Woodlands of Fox Hall requested that the City procure and erect six (6) Neighborhood Crime Watch signs for placement throughout their development. It was requested that two (2) signs, 24" x 36", be placed at the intersection of Route 104 and Carnoustie Road and Route 99 and Oakmont Drive. It was also requested that four (4) signs, 18" x 24", be placed at the intersection of Oakmont Drive and Carnoustie Road, Troon Road and Carnoustie Road, Troon Road and Merion Road, and Merion Road and Oakmont Drive.
Chief Klenoski requested that the Police Department and the City Manager be authorized to handle this request, as well as any future requests for Crime Watch signs, at the administrative level.
Noting that the policy has been established by Council and that the signs are readily available, Mr. Weyandt moved to refer this request, as well as all future similar requests, to the Chief of Police and the City Manager to be handled administratively. The motion was seconded by Mr. Lynn and unanimously carried.
J. Richard Mills - Power Boats on Silver Lake
Mr. J. Richard Mills of Lake Club Apartments wrote to Council suggesting that power boats not be permitted on Silver Lake, feeling that they take away a great deal of the charm and pleasure of the park and lake.
Mr. VanSant moved for referral to the Parks and Recreation Committee, seconded by Mr. Weyandt and unanimously carried.
Diamond State Telephone Company - Request for Easement
A letter was received from Mr. R.J. Stevens, Assistant Manager of Real Estate with Diamond State Telephone Company, requesting approval of a permanent easement on City property on the southeast corner of Walker and Saulsbury Roads. The easement would be used to house a pre-fabricated aluminum metal equipment enclosure which would allow the Telephone Company to provide updated service to the northwestern portion of the City. The enclosure would be erected on four (4) concrete piers with all telephone and electric wiring installed underground. The requested easement would be approximately 40 foot wide and 20 feet deep.
Mr. Lynn moved for referral to the Utility Committee and the Planning Commission, seconded by Mr. Christiansen and unanimously carried.
Banning of Jet Skis - Silver Lake
A letter was received from 12 City residents who live In close proximity to the lake requesting that the use of jet skis be banned at Silver Lake and objecting to the noise and hazardous conditions created by their use.
Mr. VanSant moved for referral to the Parks and Recreation Committee, seconded by Mr. Christiansen and unanimously carried.
Larry E. Sussman - Williams Park - Towne Point
A letter was received from Mr. Larry E. Sussman of 417 Nimitz Road expressing many concerns relating to Williams Park which is located in Towne Point behind the homes on Nimitz Road and Townsend Boulevard. In particular, Mr. Sussman is concerned with the recently constructed baseball diamond, park equipment, trash, access to the park, vehicle parking and pedestrian traffic, speeding and the tax ditch.
Mr. Lynn moved for referral to the Parks and Recreation Committee, seconded by Mr. VanSant and unanimously carried.
Mayor Carroll reminded those present that the Parks and Recreation Committee is conducting a tour of City parks on June 23rd and 7:00 p.m.
Mr. VanSant moved for adjournment into Executive Session to discuss legal and personnel matters, seconded by Mrs. Legates and unanimously carried.
Meeting Adjourned at 9:00 P.M.
DEBRAH J. BITTNER
ASSISTANT CITY CLERK
All orders, ordinances and resolutions adopted by City Council during their meeting of June 22, 1987, are hereby approved.